Complex Dealings

When making a title sheet 2012 Act compliant, the current registration guidance for secondary layers to the cadastral map (supplementary data), is to refer to supplementary data as –

“… tinted/hatched/edged (colour) on the secondary layer of the cadastral map, an extract of which is included as supplementary data-1/2/3 …  to the title sheet”.

This guidance is to continue for tenement property and for “scanned” supplementary data.

The following now applies to all other property and for “plotted” supplementary data.

If a new colour reference is applied as supplementary data (known in Plans Settle as Grouping in the Plans Creator, see below), new wording “tinted/hatched/edged (colour) on additional cadastral map view 1/2/3 …” should be used.

If the title sheet also contains references to existing  plotted supplementary data, the existing wording should be replaced with new wording. 

Groupings in the Plans Creator

General

One of the new features of mapping in the Plan Creator is the use of groupings. This allows plans references to be placed on additional layers (or views) of the cadastral map. In turn, these produce additional plans/pdfs that are associated with the title.

For the overwhelming majority of cases, the use of groupings will not be required, and all plans references needed for the title should be left "ungrouped" so that they are all shown on the primary layer (or view) of the cadastral map. However, if there are any concerns about the visibility of references on the primary "ungrouped" layer, then consideration should be given to transferring some of the references to a grouping following the guidance below.

In November 2022, an IT development allowed the header template on the pdf print generated from a grouping to be amended from the former outdated header Supplementary Plan to the Title Plan - the new header reads "Additional Cadastral Map View/Supplementary Data". 

Naming of groupings

All groupings form part of the cadastral map, with the header on the pdf plan generated for a grouping being "Additional Cadastral Map View/Supplementary Data". This double heading allows the pdf plan to be used in both scenarios in which the groupings function is used:

• tenement cases and lease in tenement cases will refer to these groupings as 'supplementary data 1, supplementary data 2, etc. ';
• and if the groupings are required as additional layers to the cadastral map they will be narrated as 'additional cadastral map view 1, additional cadastral map view 2, etc'.
• In both scenarios, the number of the plan is the same as the number given to that grouping within the Plan Creator.

Please ensure that you add an LRS title note for the legal setter advising them to edit the plans references using the descriptions, above, if you have used a grouping for an additional layer of the cadastral map. For example,

Legal Examiner, please note that all plans references that are depicted in grouping ABN12345-1 should be referred to in the title sheet as "tinted/hatched/edged xxx on additional cadastral map view 1".

See Ancient Monuments and Archaeological Areas Act 1979 - part of the Burdens Section Information page. Example deeds can be viewed here and here. 

Deeds adding an entry to the Schedule of Ancient Monuments or amending an existing entry in the Schedule, should be entered into the burdens section. Plans references may be required to be added or deleted from the cadastral map - see Deeds with Plans Annexed (below). 

Deeds may also be submitted purporting to amend an existing entry in the schedule where it is apparent that the deed is superseding a previously recorded or registered entry. The land register is not a historical register therefore, where it is apparent that the new entry supersedes the existing entry in the schedule, the superseded entry should be deleted and a new entry added. 

The template supplied by the agent should be used for the title sheet entry.

Agreements concerning ancient monuments and land in their vicinity can also be submitted for recording and/or registration. Such an agreement is a registrable deed by virtue of section 17(6) of the Ancient Monuments and Archaeological Areas Act 1979. An entry should be added to the burdens section of the title sheet and should reflect the terms of the recorded/registered deed.

When submitting an application via the digital portal, Agents will be asked to confirm whether or not it’s a Books of C&S application. There have been some occasions where Agents have been using this prompt instead of including a request for Books of C&S recording in a covering letter or stipulated in the application form. Agents are still required to request Books of C&S recording. For cases not including the request, these should be treated as normal dealings. For properly requested Books of C&S cases, they should be processed as follows:

Non App Created case

• Application submitted with Books of C&S aspect.
• Case passed to Complex Referrals to confirm Plans and Legal suitability as well as if there is an FR/TP application that affects the case.
• The case is returned to the Intaker to create and moved to the Complex Odd Job person or rejected if not suitable.
• The case is then taken on by the Complex Odd Job person where they will do the necessary checks in order to confirm if the case is suitable for Land Registration. If the application requires joint recording in the Sasines Register, the following should NOT be completed until notification on the CMS is received from Sasines that the deed has been recorded. When this notification has been received and the deed is suitable for registration, the Complex Odd Job person emails CAJR mailbox with the subject heading containing "Joint Recording Request", Application and Title Number. The email should contain the details of Books of C&S template shown below, a PDF of the deed and the LR29 Form:

Application number(s):

Title number(s):

Deed:

Parties: 

Agent’s e-mail(s):If the application requires joint recording in the Sasines Register, the following should NOT be completed until notification on the CMS is received from Sasines that the deed has been recorded. When this notification has been received and the deed is suitable for registration,  

Their ref:

LBTT Info (if applicable): Please state LBTT info or say Not Applicable.

Other useful info:

• Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"Books of C&S template details, a PDF of the deed and the LR29 Form sent to CAJR".
• CAJR emails Complex Odd Job person within 48 hours that deed is acceptable for recording in Books of Council & Session. The Complex Odd Job person emails Agent with template letter, LR54 on LRS application workdesk, to submit original deed and form to CAJR.
• Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"LR54 sent to agent".
• If there is no FR/TP that affects the application, the Complex Odd Job person completes and despatches application.
• If there is a FR that affects the application, the Complex Odd Job person sends an email to ‘CMS FR Service Team Queries’ mailbox with details of the application as a courtesy and attaches it with the FR on LRS and CMS updating the category at the same time. This moves the case on CMS to the FR/DW workbasket.
• If there is a TP that affects the application, the Complex Odd Job person sends an email to ‘TP Digital Submission’ mailbox with details of the application as a courtesy and associates it with the TP on LRS and CMS updating the category at the same time. This moves the case on CMS to the TP/DW workbasket.
• When CAJR emails completed LR29 form to Complex Odd Job person, the Books of Council & Session Running No. should be added to the CMS as a case collaboration note.

App created case 

• Application submitted with Books of C&S aspect.
• Case created automatically and sent to Complex workbasket. The person on Complex Referrals with sift for these types of cases via the dashboard. They will pass the application to the Complex Odd Job person.
• Case taken on by Complex Odd Job person. They check for Plans and Legal suitability as well as if there is an FR/TP application that affects the case.
• The Complex Odd Job person will do the necessary checks in order to confirm if the case is suitable for Land Registration. If the application requires joint recording in the Sasines Register, the following should NOT be completed until notification on the CMS is received from Sasines that the deed has been recorded. When this notification has been received and the deed is suitable for registration, the Complex Odd Job person emails CAJR mailbox with the subject heading containing "Joint Recording Request", Application and Title Number. The email should contain the details of Books of C&S template shown below, a PDF of the deed and the LR29 Form:

Application number(s):

Title number(s):

Deed:

Parties: 

Agent’s e-mail(s):

Their ref:

LBTT Info (if applicable): Please state LBTT info or say Not Applicable.

Other useful info:

• Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"Books of C&S template details, a PDF of the deed and the LR29 Form sent to CAJR".
• CAJR emails Complex Odd Job person within 48 hours that deed is acceptable for recording in Books of Council & Session. The Complex Odd Job person emails Agent with template letter, LR54 on LRS application workdesk, to submit original deed and form to CAJR.
• Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"LR54 sent to agent".
• If there is no FR/TP that affects the application, the Complex Odd Job person completes and despatches application.
• If there is a FR that affects the application, the Complex Odd Job person sends an email to ‘CMS FR Service Team Queries’ mailbox with details of the application as a courtesy and attaches it with the FR on LRS and CMS updating the category at the same time. This moves the case on CMS to the FR/DW workbasket.
• If there is a TP that affects the application, the Complex Odd Job person sends an email to ‘TP Digital Submission’ mailbox with details of the application as a courtesy and associates it with the TP on LRS and CMS updating the category at the same time. This moves the case on CMS to the TP/DW workbasket.
• When CAJR emails completed LR29 form to Complex Odd Job person, the Books of Council & Session Running No. added to the CMS as a case collaboration note.

See Where discharge cannot be obtained - Certificate of Consignation or Declarator in Securities Section Information. There are also example deeds here.

If a discharge of a heritable or standard security in respect of a monetary obligation cannot be obtained because of the absence or death of the creditor or for any other cause, the debtor may (in terms of section 18(2)(a) of the 1970 Act) consign the whole amount due in a bank in Scotland on behalf of the person who appears to have the best right to it. Once this has taken place, a certificate of consignation can be drawn up by a solicitor in the form prescribed by Form D, No. 1 of schedule 5 to the 1970 Act and be registered on behalf of the debtor. The effect of registration of such a certificate in terms of s.18(3) of the 1970 Act is to disburden the security subjects of the security, so the security should be removed (or omitted) from the securities section as if it had been formally discharged.

In the case of a standard security for a non-monetary obligation, section 18(2)(b) of the 1970 Act provides that the debtor may apply to the court for a declarator that the whole obligations under the contract to which the security relates have been performed. If the declarator is granted by the court, a solicitor can draw up a certificate of declarator in the form prescribed by Form D, No. 2 of schedule 5 to the 1970 Act. This can be registered with the same effect as a certificate of consignation.

Contract of Excambion applications should always be referred to Higher Complex referral officer. In most cases, the Contract of Excambion should actually be a Transfer of Part [TA’s] over both Titles. It should also be noted that a Contract of Excambion will always involve at least two properties, not just one.

The agents will normally have given the Application type as Dealing over the whole of a registered plot even where what they are transferring is only part of the property, e.g. where they a transfer a right in common to an area that they own in whole or in part. Although not transferring the property, they are transferring a right which is PART of the property hence it being a TP/TA.

See Discharge of Standard Securities - part of the page Securities Section Information.  

The purpose of a deed of restriction is to release part of a plot of land from a standard security or other heritable security.

• If the deed of restriction is submitted for registration subsequent to a TP registration, the standard security brought forward from the parent title should be removed from the charges section.
• If the deed of restriction is submitted for registration prior to a TP application, a separate plans reference or verbal description is required for identification of the part disburdened and a footnote added to the relevant entry of the standard security on the parent title sheet. If a plan exists, see Deeds with Plans Annexed (below). 
• This will thus maintain the up to date position of that title sheet by showing that the security no longer affects the whole subjects in the title viz:
• Note: The above Standard Security has been disburdened as regards that part of the subjects in this Title tinted/edged/hatched (colour) on the cadastral map, conform to Deed of Restriction registered dd/mmm/yyyy.
• Note: The above Standard Security has been disburdened as regards (full postal address), conform to Deed of Restriction registered dd/mmm/yyyy

See Servitudes.

This type of deed can be a joint recording in Sasines and registered over multiple title numbers.

If no deed plan exists, update title sheet accordingly.

If a plan exists, see Deeds with Plans Annexed (below). Any references must fall wholly within the extent of the burdened property.

On return from Plans Referral, the deed can be edited into each title sheet.

Benefited Property 

If the deed contains servitude rights only with no conditions, update the property section description accordingly. Add a property section note, SR1 or SR2 on picklist. No burdens section entry necessary.

If the deed contains servitude rights and conditions, a cross-referral is required in the property section description - "together with the servitude rights specified in the Deed of Servitude in Entry ? of the Burdens Section". If numbered clauses exist, no need to add "together with" and number the cross-referral accordingly. No property section note necessary.

Create burdens section entry. Add element note "2012 Act Compliant, refers to (colour) tint/hatch/supplementary data/edge/additional cadastral map view (no.X)". If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

Benefited/Burdened Property 

To edit the deed in the Burdens Section, two different preambles are used dependent on the type of deed and the format.

(1) If the deed registered is under section 77 of the Title Conditions (Scotland) Act 2003 (a right to lead pipes, wires, cables etc), the following preamble can be used -

Deed of Servitude by …… (hereinafter referred to ……) to …… and their successors and assignees (if applicable) (hereinafter referred to ……), registered DD/MMM/YYYY, of a servitude right over that part of (include a full postal address of the Burdened Property) being the subjects registered under Title Number (hereinafter referred to as "the Subjects") (if applicable) …… tinted/hatched/edged …… on the title plan/cadastral map, contains also the following servitude conditions:

Always add a full colon at the end of the preamble.

(2) If the deed registered is in a schedule format and contains interpretations and definitions, the following preamble can be used -

Deed of Servitude by …… (hereinafter referred to ……) to …… and their successors and assignees (if applicable) (hereinafter referred to ……), registered DD/MMM/YYYY, of the following servitude rights, contains also the following servitude conditions:

Always add a full colon at the end of the preamble.

Convert the deed using Abbyfinereader, copy and paste deed into entry. Close and re-open entry. If the deed does not convert, use notepad application.

If the interpretations and definitions states "In this deed", amend to "In this entry".

Edit deed amending the entry for the plans reference(s) given.

If plans officer confirms that the title sheet is made "2012 Act compliant", check the title sheet for all references to "title plan/said plan/supplementary plan". Any burden entries must be cloned ensuring that the correct version of the entry is cloned and references amended to "cadastral map/said map/supplementary data (tenement)/additional cadastral map view (non-tenement)".

Spell check the completed entry.

Add a TCA 1/TCA 2 note, date 1/1/2050. This is a NR (no register) entry.

For deeds affecting multiple title numbers, if the same colour references are given for all other title numbers, assign the deed to the other title sheets. If colour references vary, the entry must be cloned then edited accordingly. An element note is added - "Version ? cloned to make 2012 Act Compliant, refers to (colour) tint/hatch/additional cadastral map view ?". If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

All deeds with plans should have been referred pre-Intake. Check Associated Cases/Intake on CMS.

Consideration should be given to whether the cadastral map requires updating. The deed must accurately describe the reference(s) on the plan within the text and fall wholly within the extent of the property. If in doubt, refer directly to plans officer who can confirm.

If a new reference is required, add a Title N & I on the LRS. Check the property section description, if the description does not state "Subjects cadastral unit (Title Number)", include an instruction in the Title N & I to make the title sheet 2012 Act compliant. Address response "Plans Settle" from the dropdown list. Add a similar note in Complex Plans referral on CMS.

If a reference already exists, refer directly to plans officer to confirm that the reference is co-extensive. If confirmed, this reference can be used.

On return from Plans, amend the title sheet accordingly for the reference. If plans officer confirms that the title sheet is made "2012 Act compliant", all references on the title sheet to "title plan/said plan/supplementary plan" should be amended to "cadastral map/said map/supplementary data (tenement)/additional cadastral map view (non-tenement)". Any burden entries requiring amendment must be cloned, ensuring that the correct version of the entry is cloned.

An element note is added - "Version ? cloned to make 2012 Act Compliant, refers to (colour) tint/hatch/edge/additional cadastral map view ?". If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

See Notice of Potential Liability for Costs - part of the page Burdens Section Information. 

The statutory style and registration requirements for each form of notice (Title Conditions (Scotland) Act 2003 or Tenements (Scotland) Act 2004 should be met. If not, the application should be rejected.

A NPLC may be deleted from the title sheet on the expiry of the 3 year period from its date of registration. If the entry being deleted is not the last entry in the burdens section, the title sheet should be checked for any amendment to cross-references to entry numbers.

See Applications affected by the evacuation/non-evacuation of a special destination - part of the page Destinations. 

The deed should be in form of a disposition and contain an acceptable operative clause such as dispone or convey. Consideration in application workdesk - "Evacuation of Special Destination".

To effect a variation of a destination, the Keeper will accept a disposition by parties to themselves. For example, A and B hold title to subjects "equally between them and to the survivor of them" but no longer wish the property to transfer to the other in the event of one party's death. A disposition by A and B to themselves, explaining within the narrative that it is to effect the variation of the destination will be accepted and the title sheet will be updated to show the new position.

The reverse is also acceptable, i.e. when there is no destination and the parties wish to create a survivorship destination. The deed should be in form of a disposition and contain an acceptable operative clause (dispone, convey). Consideration in application workdesk - "Creation of Special Destination".

An application to register any other document amongst the parties attempting to evacuate the destination should be referred for further guidance.

See Deed by Guardian or Authorised Person - part of the page Legal Capacity. 

The deed can run either in the name of (1) the guardian or authorised person or (2) the incapax. 

Where the adult is registered proprietor of the subjects, the intervention interlocutor or guardianship order should already be registered. If the order is not set out in the proprietorship section of the title sheet, an application should be made (with a separate application form and appropriate fee) before or on the same day as the application for registration of the disposition or other deed by the authorised person. If the order is not registered, reject the disposition.

The authorised person should have power to grant registrable deed. Check the terms of the order to ensure that the authorised person or guardian appears to have the power to transact with the property in the manner given effect to by the registrable deed. If in doubt, then a referral should be made to the referral officer.

There is no requirement to check for evidence of caution or consent. The application (e.g. the form and the registrable deed) should not indicate any concerns regarding lack of caution or consent. If the application or registrable deed does indicate a concern, then a referral should be made to the referral officer.

See Floating Charges and Debentures in Securities Section Information

The existence of a floating charge or debenture would be noted in a title sheet as an overriding interest in terms of the Land Registration (Scotland) Act 1979 if disclosed to the Keeper in an application, normally within the terms of a ranking agreement. However, there is no equivalent provision for noting the existence of such charges in a title sheet in the 2012 Act and the same should be dealt with as follows:

Floating charge

If the existence of a floating charge comes to light in a new application for registration, the floating charge should not be disclosed in the title sheet. Unless absolutely necessary, no mention of the floating charge should be made in any ranking note, rather it should merely reflect that the security is affected by ranking provisions, e.g.:

Note: The above Standard Security is affected by ranking provisions contained in the Ranking Agreement registered DD/MMM/YYYY.

If the existence of a floating charge has been noted in a previously registered title, reference to the floating charge should only be removed where it is feasible and where (i) a notification of inaccuracy by an external party has been submitted, or (ii) where an application undergoing registration discloses a request to remove an existing reference. In either case, there must be a specific request for the charge to be removed and sufficient information must be submitted to the Keeper as evidence that the charge has been satisfied. If these conditions are met and only a single standard security and the floating charge are affected by ranking provisions, then this will become an off-register matter and the floating charge and note can be deleted. However, if there are multiple securities and the floating charge is affected by ranking provisions then the entry for the floating charge should not be removed if this would result in any existing ranking notes becoming unclear and possibly misrepresenting the position regarding ranking. Guidance should be obtained from a referral officer as required.

Debenture

If the existence of a debenture that comes to light in a new application for registration should also not be referred to in a title sheet and any existing entry should only be removed if feasible and where the same conditions are met as detailed above for floating charges.  

See Guardianship and Intervention Orders - part of the page Legal Capacity. 

Registration of either type of order is given effect to by a note in the proprietorship section of the relevant title sheet usually setting out the relevant terms of the order. The entry for the right of the adult as proprietor or tenant in the proprietorship section is otherwise retained.

It is possible to refer to the contents of the order as entered in the archive record if the entry will be particularly lengthy, complex and cannot be edited clearly to extract the relevant information to be registered. The authorisation of such a cross reference should be referred for a decision by a referral officer. If a registration officer is repeating the whole terms of an order, consideration must be given to information that may be sensitive in nature (e.g. details of bank accounts or detailed care requirements) - such details should be omitted if possible as it is unlikely they will impact on any action affecting the registered title.

Enter a proprietorship section note, AIA1 on picklist. If using "Abbyy Finereader" to convert the text, check spelling for any errors.

"By an interlocutor of the Sheriff at xxxx dated xxxx, xxxx, (designed) was vested as guardian in management powers of the above xxxx (the Adult")*, for a period of XX years from this date** in terms of sections/Part xx of the Adults with Incapacity (Scotland) Act 2000. with the following functions and duties:-

*If the order refers to the incapax as the Adult,

**If the order refers to a specific time period.

See Deed or Document Incorporated into Title Sheet by Reference - part of the page Burdens Section Information. 

A Variation of Lease must be incorporated by reference in the title sheet (see Leases below). See the registration manual for guidance for any other type of deed that incorporation may be required.

Deeds affecting both the Land and Sasine registers should not be completed until confirmation has been received from sasine staff that the deed has been recorded. See case collaboration notes in the LR and INT parts on CMS.

See the Leases page for a full discussion. 

See the Liferent page for a full discussion. 

Burdens section entry, add conditions if appropriate.

If the DIR (deed inducing registration) specifically "reserves" a liferent, use the reserve option. If not, use the "grant" option.

If the DIR is a "Standalone Liferent" deed, delete "Disposition" and replace with "Liferent". A standalone deed must contain a specific grant of liferent.

Example preambles 

Disposition by AB to CD, registered DD/MMM/YYYY, of the subjects in this Title, grants/reserves a liferent in favour of EF (designed).

Disposition by AB (designed) to CD, registered DD/MMM/YYYY, of the subjects in this Title, grants/reserves a liferent in favour of said AB.

Disposition by AB to CD, registered DD/MMM/YYYY, of 1/2 pro indiviso share of the subjects in this Title, grants/reserves a liferent in favour of EF (designed).

Disposition by AB (designed) to CD, registered DD/MMM/YYYY , of 1/2 pro indiviso share of the subjects in this Title, grants/reserves a liferent in favour of said AB.

See Conversion of Long Leases/Long Leases (Scotland) Act 2012 for further discussion. 

How to identify if the application is affected by the Long Leases (Scotland) Act 2012

Check: 

• if the application form or any correspondence contains a request to convert a tenant's right in a lease to ownership;
• if the application contains any terminology that makes reference to the Long Leases (Scotland) Act 2012;
• if the application is to register a disposition and the prior title deeds indicate the interest was formerly 'tenant';
• if the application is to register a notice or agreement in terms of the Long Leases (Scotland) Act 2012 (or if the deed inducing registration refers to a notice or agreement under the said Act for burdens).

Conversion of ultra-long leases into ownership. Prior to re-categorising to X4 (DW group only) check the property section real right is "tenancy" and schedule for the following:-

To qualify for conversion to ownership under the Act, a lease must be:

• registered in either the Land Register or the General Register of Sasines (or the Particular Registers and Burgh Registers);
• have an initial term of more than 175 years;
• have more than 100 years to run at 28 November 2015 where the property is mainly used as a residential dwelling house or 175 years in other cases (see legal manual); and
• have an annual rent of not more than £100, see lease entry in the burdens section (note: if there is Value Added Tax included in the rental and this takes the rental over the £100 threshold, then the application should be referred).

See Notices of Grant in the page Securities Section Information. 

Where the conditions of the grant cease to apply before the expiry of the stipulated period, a notice of repayment or a notice of cessor of conditions may be drawn up and registered. Registration of such a notice will have the effect of terminating the grant and the entry will be removed from the title sheet.

See example Notice of Title deeds. 

There are two types of Notice of Title affecting either the right of an owner, or the right of a creditor in a standard security.

A notice of title submitted for registration must closely resemble the statutory style and the title sheet updated accordingly. 

Odd Job Rota - including list of B1 applications

The Odd Job rota can be found in Microsoft Teams/Team//Dealings/Dealings (Complex Team)/General/Files.

Odd Jobs include Books of Council and Session applications, expedite casework and general enquiries.

List of B1 applications

See Specific Ranking Provisions in the page Securities Section Information. 

For a ranking agreement affecting residential property, add relevant CR note from picklist to affected charges section entries.

Ranking agreements affecting commercial property may refer to "floating charges". These charges should not be entered on to the title sheet. Existing floating charges should not be removed from the title sheet unless sufficient evidence is submitted. Add relevant CR note from picklist to affected charges section entries.

Removal of notes regarding ranking

Occasionally, a discharge is received for an existing charge where there also exists at least one other ranking charge. When this ranking charge is removed from the securities section and the title sheet entries for other securities include a ranking note referring the security being discharged, the ranking notes of the existing entries must be changed to reflect the new circumstances.

See Insolvency / Legal and Corporate

Procedure for ROI hits. An up-to-date search is conducted.

• Amend "End Date" search field to yesterday's date. The "Start Date" search field should be amended if the search range is more than 5 years.
• If any ROI hits have not been discharged, send an LR21 letter to agent. Add an application N&I, "To Standover 42 days, outstanding ROI". Send application to Standover on LRS for 42 days.
• If an agent contests the inhibitory effect of any undischarged entry or their response is in any way contentions refer for guidance on how to proceed.
• After 42 days (or less if agent replies), conduct another up-to-date search as above.
• If any ROI hits have not been discharged, add the appropriate ROI 1, 2, 3, 4, 5 or 6 note from the picklist for each outstanding ROI to the proprietorship section entry.

See Register of Overseas Entities for further discussion.

For applications received from 5 September 2022, the Keeper will be under a duty to reject certain deeds involving overseas entities.  Where any of the following criteria apply, then please refer your application to a referral officer for further consideration:

• The application discloses an ‘overseas entity ID’ (this will appear in the form OE001234 and will likely be provided in response to the ROE question on the application form)
• The title has an ROE next application note indicating the current proprietor may be subject to the scheme.
• Any party to the application is a non-natural person with a foreign designation.

In the event that the referral officer confirms the application can proceed then where an ‘overseas entity ID’ has been provided, please ensure that this is included when completing the Proprietorship Section, using the link text template after the designation of the proprietor “Registered in the Register of Overseas Entities at Companies House with overseas entity ID OExxxxxx”.

Overseas Entities cases should be checked at the Intake stage of the application by the Complex Intake referral officer via the Grafana Board on the Submissions Dashboard. A case note will be added to the INT Case or the LR Case if Autocreated on the CMS.

The requirement to reject applies only to applications involving dispositions, leases/sub-leases, assignations of lease/sub-lease, notices of title, standard securities and applications for voluntary registration. Accordingly, applications in respect of other deeds, for example a deed of servitude or minute of agreement are unaffected.

Where an ‘overseas entity ID’ has been provided in response to the ROE question on the application form, then the applicant will have confirmed that the party is subject to, and has complied with, the requisite duties under the scheme. The ‘overseas entity ID’ should be used to validate the position following the instructions under Validate ROE ID in the legal manual.

Where an overseas entity next application note is evident, this indicates that the existing proprietor is an overseas entity whose title was registered in the land register after 8 December 2014 and will likely be subject to the scheme. In the absence of an ‘overseas entity ID’ the applicant will not have confirmed the position regarding scheme compliance. Please refer the application to Senior Caseworker for further consideration.

Registers of Overseas Entities Scenarios

The following annex includes the expected application requirements for a variety of registration types:

ROE Scenarios

See Housing (Scotland) Act 2006 (as amended by the Housing (Scotland) Act 2014 &c) in the page Burdens Section Information.

Burdens section entry

Preamble - "Repairing Standard Enforcement Order registered/recorded (date) in terms of section 61 of the Housing (Scotland) Act 2006 by xxxx, affecting the subjects in this title (or appropriate description) requiring the carrying out of such work (and relevant steps) specified in said Order by (Date)".

Termination of RSEO 

Evidence that an RSEO has been complied with will be in the form of either a Notice of Revocation or a Certificate of Completion confirming that the work has been carried out. The RSEO can be deleted. If the entry being deleted is not the last entry in the burdens section, the title sheet should be checked for any amendment to cross-references to entry numbers.

See Town and Country Planning (Scotland) Act 1997 in the page Burdens Section Information. 

Consideration should be given to whether the cadastral map requires updating, see Deeds with Plans Annexed (above). 

The deed must accurately describe the reference(s) on the plan within the text and fall wholly within the extent of the property described in the deed. If in doubt, refer directly to plans officer who can confirm. If a new reference is required, add a Title N & I including an instruction to make 2012 Act compliant on the LRS and address response "Plans Settle" from the dropdown list. Add a similar note in Plans Referral on CMS.

If a reference already exists, refer directly to plans officer to confirm that the reference is co-extensive. If confirmed, this reference can be used.

Burdens section entry

Preamble - "(Deed type) in terms of section 75 (include sub-section if quoted) of the Town and Country Planning (Scotland) Act 1997, registered DD/MMM/YYYY between A and B, in the following terms:"

Determinations

A Determination modifying planning obligation amending (but not discharging) is added as a burdens section entry.

A determination discharging an agreement is category X4 casework and transferred to Higher Complex.

Clone the Section 75 Agreement entry in the burdens section. Add an element note "Version ? cloned, note ? added/updated to end of text.

Add the following note:

The terms of the foregoing (deed type) are affected by the (deed type) in Entry ?

Create entry for determination. Preamble -

"(Deed type) in terms of section 75 (include sub-section if quoted) of the Town and Country Planning (Scotland) Act 1997, registered DD/MMM/YYYY between A and B, modifies the terms of the Section 75 Agreement in Entry ? as follows:"

See Securities Section Information 

Assignation of Security

This type of deed amends the creditor’s interest in the standard security. Add CA1 note to charges section entry including the designation of the new creditor.

Security Affecting Whole of Subjects with Plan

This type of deed often affects a recently completed Transfer of Part application. Consideration should be given to whether the cadastral map requires updating. The deed may contain a sasine reference to the subjects or reference to the parent title number and must be executed prior to, or within 28 days after the date of allocation of the title number to the subjects. See Deeds with Plans annexed (above). 

Security Affecting Part of Subjects with Plan

Consideration should be given to whether the cadastral map requires updating. See Deeds with Plans Annexed (above).  The deed must accurately describe the reference(s) on the plan within the text and fall wholly within the extent of the property. If in doubt, refer directly to plans officer who can confirm. If a new reference is required, add a Title N & I including an instruction to make 2012 Act compliant on the LRS and address response "Plans Settle" from the dropdown list. Add a similar note in Plans Referral on CMS.

If a reference already exists, refer directly to plans officer to confirm that the reference is co-extensive. If confirmed, this reference can be used.

The reference is included in the Additional box of the charges section entry - "over that part of the subjects in this Title tinted /hatched/edged xxxx on the cadastral map".

Security Affecting Part of Subjects without Plan

A verbal description is added to the Additional box of the charges section entry e.g. "over flat x/x, xx Something Street, Somewhere (postcode) forming part of the subjects in this Title".

Security Described Under Exception of Part of Subjects

Description of the excepted subjects is added to the Additional box of the charges section entry.

Security over Security

The right of a creditor in a standard security is itself a real right over which a further standard security can be granted; accordingly such securities are registrable. In such instances the entry for the second security in the securities section should be in the following style:

"Standard Security [for £x] by said (creditor in prior standard security) to AB financial institution (designed) over the Standard Security in entry y" (see picklist in Additional box)."

In the event of part of the secured subjects being sold and disburdened of the primary security then the secondary security will not affect the disburdened subjects.

If the primary standard security is discharged or extinguished by some other means (e.g. exercise of power of sale), the secondary security will fall and the entry relating to it will be removed from the title sheet.

Security Trustee

Standard securities in respect of syndicated loans are acceptable in the Land Register and may take different forms. One such form is for the deed to state that the arranger is holding the security as trustee for the undisclosed members of the syndicate; another is that the arranger is acting as agent for the syndicate.

Where the arranger is designed as being the trustee for the syndicate this will be reflected in the entry in the securities section, see picklist in Additional box; when the arranger is designed as being agent for the syndicate the entry should only name the arranger and not reflect that they are acting as an agent. An arranger may also be designed as trustee and agent; in such cases only the trustee capacity should be reflected in the securities section.

Variation

Add note to charges section entry (normally CV2).

See Tree Preservation Order (TPO) in the page Burdens Section Information.

This type of deed is normally registered under section 160 of the Town and Country Planning (Scotland) Act 1997. If a different section of the Act is referred to in the deed, see below. 

Requirement for confirmation

It is not competent to register a TPO before it has been confirmed by the planning authority. 

The Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010, which came into effect on 1 February 2011, include:

• Where a tree preservation order is confirmed it must be endorsed to that effect, and the endorsement must also indicate -
  • (a) that the tree preservation order was confirmed with modifications or without modification, as the case may be; and
  • (b) the date on which it was confirmed.

If the TPO has not been so endorsed the application should be rejected.

Section 160 TPOs

A planning authority can grant a TPO under section 160 of the 1997 Act. The TPO is then confirmed at a later date by the planning authority itself, with or without modification, after the authority has considered any objections.

Section 160 TPOs executed prior to 1 February 2011 took effect on the date that they were confirmed. For TPOs executed on or after 1 February 2011 the effective date is the date specified in the order; the planning authority then has six months to confirm the order otherwise it expires. 

Section 161(2) provides that, as soon as a TPO is confirmed, the planning authority shall record it in the Sasines Register or register it in the Land Register.

Section 163 TPOs

Prior to 1 February 2011, as an alternative to a section 160 TPO, a planning authority could make use of an emergency procedure under section 163 of the 1997 Act.

Section 163 of the 1997 Act was repealed on 1 February 2011 by the Planning etc. (Scotland) Act 2006; however the repeal of section 163 does not affect its operation in relation to a TPO made by virtue of said section prior to its repeal.

Section 163 allowed a TPO to take provisional effect at once (on the date specified in the order); the TPO then had effect for six months or until it was confirmed, whichever happened first. The TPO couldn't competently be recorded or registered until after it had been confirmed.

Consideration should be given to whether the cadastral map requires updating. See Deeds with Plans Annexed above. The deed must accurately describe the reference(s) on the plan within the text and fall wholly within the extent of the property. If in doubt, refer directly to plans officer who can confirm. If a new reference is required, add a Title N & I including an instruction to make 2012 Act compliant on the LRS and address response "Plans Settle" from the dropdown list. Add a similar note in Plans Referral on CMS.

If a reference already exists, refer directly to plans officer to confirm that the reference is co-extensive. If confirmed, this reference can be used.

Burdens Section entry

Preamble - "Tree Preservation Order No.XX by XXXX Council (under Section 160 of the Town and Country Planning (Scotland) Act 1997) effective on XXXX and confirmed on XXXX and registered XXXX, contains conditions affecting trees or groups of trees (including prohibitions against the cutting down, topping, lopping, wilful destruction &c thereof), situated on the subjects in this title/situated on subjects of which the subjects in this title form part/situated on that part of the subjects in this title tinted/edged/hatched/arrowed and lettered XXXX on the cadastral map".

The deed being registered may supersede a previously recorded or registered TPO. Consideration should be given to the removal of the burdens section entry and any plans references from the cadastral map.

The following types of deeds should be re-categorised and transferred (except where a live FR or TP is pending registration): 

• Compulsory Purchase Order
• Deed of Real Burdens
• Discharge of Burdens
• Discharge of Servitude Rights
• Long Lease Conversion
• LTO (Lands Tribunal Order)
• Minute of Waiver

• Order for rectification of defectively expressed document

• Prescriptive Servitude (referred to in the deed or application form)
• Right of Pre-Emption
• Statutory Conveyance